Scheme of delegation

Scheme of Delegation for Governance Functions

This Scheme of Delegation for Governance Functions describes the Greenshaw Learning Trust’s governance structure and remit of the Members, Board of Trustees, its committees and local governing bodies.

The Greenshaw Learning Trust is a company limited by guarantee and an exempt charity; the formal governance arrangements for the Trust are set out in its Articles of Association.

‘The Trust’ means the Greenshaw Learning Trust.

‘School’ means a school (academy) in the Greenshaw Learning Trust.

‘Trustee’ means a Trustee of the Trust and member of the Board of Trustees, which is the legal governing board of the Trust; a Trustee is also a Director of the Trust.

‘Governing body’ and ‘LGB’ means a local governing body, that is a committee of the Board, and ‘governor’ means member of a local governing body.

‘Headteacher’ means the principal of the school.

‘Executive Headteacher’ and ‘CEO’ means the chief executive officer of the Trust (or an executive officer to whom they have delegated specific authority to act on their behalf).

The Members of the Trust
The Members of the Trust are the subscribers to the Memorandum of Association – the people who established the Trust – and any other individuals appointed by the Members.

The Members have an overview of the governance arrangements of the Trust and may amend the Trust’s Articles of Association.

The Members appoint Trustees and may remove Trustees.

The Board of Trustees
The Members have delegated all their powers and duties, apart from those specified above, to the Board of Trustees.

The Board of Trustees consists of up to seven Trustees appointed by the Members plus the CEO, as long as s/he is in office; the Trustees may in addition appoint co-opted Trustees.

The Board of Trustees retains responsibility for:

Formal accountability for the statutory functions of the Trust and for the operation and performance of all schools in the Trust.

Ensuring clarity of vision, ethos and strategic direction of the Trust as a whole.

Approving the Trust Budget and the Annual Report & Financial Statements of the Trust and ratifying the annual budget of each school.

Oversight of the financial and educational performance of the schools in the Trust.

Agreeing the strategy and budget for, and monitoring and reviewing the delivery and performance of, the Trust’s central services.

Holding the CEO to account for the financial and educational performance of the Trust as a whole.

Agreeing Trust policies and procedures and ratifying school policies and procedures as required to ensure that the Trust fulfills its statutory responsibilities and the oversight, monitoring and review of the implementation of those policies.

The Board of Trustees may delegate any of its powers and functions to a committee, including a local governing body (LGB), or to an individual Trustee or executive office holder, but retains legal accountability for any decisions taken.

The Board of Trustees will not get involved in the day-to-day running of the Trust or its schools.

Local Governing Bodies
The Board of Trustees has established a local governing body (LGB) for each school in the Trust.

The Board of Trustees delegates powers and responsibilities with respect to the governance of the school to the LGB (except those listed in clause 3.2), subject to the policies and procedures of the Trust and any conditions and restrictions placed upon that delegation by the Board of Trustees.

Each LGB is responsible for:

Ensuring clarity of vision, ethos and strategic direction of the school.

Overseeing the financial and educational performance of the school and ensuring its money is well spent.

Holding the Headteacher to account.

Upholding the ethos of the school and Trust and ensuring the school operates in accordance with the policies and procedures of the school and the Trust.

The LGB will not get involved in the day-to-day running of the school.

The LGB must at all times act in accordance with the Governance Procedures and the Policies an Procedures agreed by the Board of Trustees, and ensure that the school’s policies and procedures and the ways that it is managed and operates are consistent with the Articles of Association and Funding Agreements of the Trust and all relevant legislation and regulations.

The LGB must take account of any advice given to them by the Board of Trustees or CEO.

The Trust’s preferred position is maximum delegation to each school’s Headteacher and LGB, subject to the Trust’s Policies and Procedures as required for the Trust to fulfill its statutory responsibilities and formal accountability for the educational and financial performance of its schools; the Board of Trustees may at any time place conditions and restrictions upon such delegation, in particular to address identified under-performance and/or failure to follow the policies and procedures of the Trust or the requirements of the Trust’s Articles and Funding Agreements and relevant legislation.

Trust Committees
The Board of Trustees delegates to committees of the Board of Trustees specific powers and functions in relation to its retained responsibilities and those responsibilities for the operation of the Trust’s schools that have not been delegated to a LGB, as set out in its Committee Remits.

The Board of Trustees has established an Audit Committee that reviews the risks to internal financial control and agrees the processes and checks required to address these risks and ensure the Trust’s financial policies and procedures are being carried out properly.

The Board of Trustees will, as required, establish ad hoc committees to which it delegates authority to deal with matters relating to a specific incident or individual, such as considering a complaint or a personnel matter.

Trust Executive
The Board of Trustees delegates to the Executive Headteacher responsibility for delivery of the Trust’s strategy and for the implementation of the policies of the Trust, and for the day-to-day running, internal organisation, management and control of central Trust services.

The Executive Headteacher is responsible for the performance management of the Trust executive and the Headteachers of the Trust’s schools.

The Board of Trustees delegates to the Headteacher of each school in the Trust responsibility for the day-to-day running of the school, including the internal organisation, management and control of the school, and for the implementation of the policies of the Trust and LGB.

Individual Trustees and governors
The Board of Trustees delegates authority to the Chair of the Board of Trustees to act on behalf of the Board in cases of urgency where delay until the next meeting of the Board would be harmful to the Trust.

The Board of Trustees delegates authority to the Chair of a LGB to act on behalf of the LGB in cases of urgency where delay until the next meeting of the GB would be harmful to the school or Trust, subject to the policies and procedures of the Trust and any conditions and restrictions placed upon that delegation by the Board of Trustees.

The Greenshaw Learning Trust Scheme of Delegation can be downloaded here.